The Car Finance Agreement is essential for transactions involving vehicle financing in New Zealand, providing a comprehensive framework for both lenders and borrowers. It is designed to comply with New Zealand's Credit Contracts and Consumer Finance Act 2003, Fair Trading Act 1986, and Personal Property Securities Act 1999. The document is used when a customer requires financing to purchase a vehicle, whether through a dealership or private sale. It includes crucial elements such as loan terms, interest rates, repayment schedules, security interests, insurance requirements, and borrower obligations. The agreement also incorporates mandatory consumer protection provisions and disclosure requirements specific to New Zealand law, making it suitable for both commercial and personal vehicle financing arrangements.
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1. Parties: Identification of the finance company (creditor), borrower(s), and any guarantors
2. Background: Context of the agreement including the purpose of the loan and vehicle purchase
3. Definitions: Definitions of key terms used throughout the agreement
4. Loan Details: Principal amount, interest rate, term, and payment schedule details
5. Vehicle Details: Specific information about the financed vehicle including make, model, VIN, and registration
6. Security Interest: Creation of security interest over the vehicle and PPSR registration details
7. Payment Obligations: Details of payment methods, dates, and consequences of default
8. Interest and Fees: Breakdown of interest calculations and applicable fees
9. Insurance Requirements: Mandatory insurance requirements and obligations
10. Care and Use of Vehicle: Borrower's obligations regarding vehicle maintenance and permitted use
11. Default and Enforcement: Events of default and creditor's enforcement rights
12. General Terms: Standard contract terms including amendments, notices, and governing law
1. Guarantor Provisions: Additional terms applicable when a guarantor is involved in the agreement
2. Business Purpose Declaration: Required when the vehicle is primarily for business use, affecting CCCFA applications
3. Early Repayment Terms: Specific terms for early repayment if different from standard CCCFA provisions
4. Balloon Payment Terms: Terms for agreements including a final balloon payment
5. Joint Borrowers: Additional terms for multiple borrowers
6. Trade-In Details: Terms relating to any vehicle trade-in affecting the finance arrangement
1. Schedule 1 - Initial Disclosure Statement: CCCFA-compliant disclosure of key information including costs, payments, and fees
2. Schedule 2 - Vehicle Details: Comprehensive vehicle description, condition report, and valuation
3. Schedule 3 - Payment Schedule: Detailed breakdown of all payments including dates and amounts
4. Schedule 4 - Insurance Details: Specific insurance requirements and current policy details
5. Appendix A - Direct Debit Authority: Direct debit setup form for automatic payments
6. Appendix B - Guarantee and Indemnity: Separate deed of guarantee when applicable
Relevant legal definitions
Agreement
Annual Interest Rate
Balloon Payment
Borrower
Business Day
Commencement Date
Credit Fees
Default
Default Interest Rate
Default Rate
Early Repayment
Event of Default
Final Payment Date
Finance Company
Fixed Interest Rate
Guarantor
Initial Disclosure Statement
Insurance Policy
Interest Payment Date
Loan
Loan Amount
Material Adverse Change
Payment Date
PPSR
Principal
Registered Owner
Related Company
Repayment Schedule
Secured Property
Security Interest
Term
Total Amount Payable
Vehicle
Vehicle Documents
Vehicle Identification Number
Warranty
Annual Interest Rate
Balloon Payment
Borrower
Business Day
Commencement Date
Credit Fees
Default
Default Interest Rate
Default Rate
Early Repayment
Event of Default
Final Payment Date
Finance Company
Fixed Interest Rate
Guarantor
Initial Disclosure Statement
Insurance Policy
Interest Payment Date
Loan
Loan Amount
Material Adverse Change
Payment Date
PPSR
Principal
Registered Owner
Related Company
Repayment Schedule
Secured Property
Security Interest
Term
Total Amount Payable
Vehicle
Vehicle Documents
Vehicle Identification Number
Warranty
Clauses
Loan Terms
Interest and Charges
Repayment Terms
Security Interest
Insurance Requirements
Vehicle Use and Maintenance
Default and Enforcement
Representations and Warranties
Payment Obligations
Early Repayment
Assignment and Transfer
Notices
Privacy and Information Sharing
Indemnification
Force Majeure
Dispute Resolution
Governing Law
Amendment and Variation
Termination
Guarantee
Disclosure Requirements
Anti-Money Laundering
Registration and Title
Condition Precedent
Reporting Requirements
Interest and Charges
Repayment Terms
Security Interest
Insurance Requirements
Vehicle Use and Maintenance
Default and Enforcement
Representations and Warranties
Payment Obligations
Early Repayment
Assignment and Transfer
Notices
Privacy and Information Sharing
Indemnification
Force Majeure
Dispute Resolution
Governing Law
Amendment and Variation
Termination
Guarantee
Disclosure Requirements
Anti-Money Laundering
Registration and Title
Condition Precedent
Reporting Requirements
Relevant Industries
Financial Services
Automotive
Consumer Credit
Insurance
Retail Banking
Motor Vehicle Sales
Vehicle Leasing
Relevant Teams
Legal
Compliance
Credit
Risk Management
Sales
Operations
Customer Service
Collections
Finance
Document Management
Relevant Roles
Credit Manager
Finance Officer
Compliance Officer
Legal Counsel
Loan Officer
Risk Manager
Collections Manager
Car Sales Manager
Financial Controller
Credit Analyst
Customer Service Representative
Business Development Manager
Operations Manager
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